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1999-08-02
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11KB
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193 lines
Napster Data exchange software
END-USER LICENSE AGREEMENT FOR NAPSTER INC. SOFTWARE
IMPORTANT READ CAREFULLY: This NAPSTER INC. End-User License
Agreement (EULA) is a legal agreement between you (either an individual or a
single entity) and NAPSTER INC. Corporation for the NAPSTER INC.
software product identified above, which includes computer
software and associated media and printed materials, and may include
online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you
obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
· Systems Software. You may install and use one copy of the SOFTWARE PRODUCT on
a single computer. If the SOFTWARE PRODUCT includes functionality that enables
your single computer to act as a network server, any number of computers
or workstations may access or otherwise utilize the basic network services
of that server. The basic network services are more fully described in the
printed materials accompanying the SOFTWARE PRODUCT.
· Storage/Network Use. You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install or
run the SOFTWARE PRODUCT on your other computers over an internal network;
however, you must acquire and dedicate a license for each separate
computer on which the SOFTWARE PRODUCT is installed or run from the storage
device. A license for the SOFTWARE PRODUCT may not be shared or used
concurrently on different computers.
· License Pak. If you have acquired this EULA in a NAPSTER INC.
License Pak, you may make the number of additional copies of the computer
software portion of the SOFTWARE PRODUCT authorized on the printed copy of this
EULA, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, You may not use the software product to identify or capture data
on other uses of this software, Including Names, addresses, email addresses,
phone numbers, IP addresses or any other proprietary identifying user
characteristics. The user hereby acknowledges and accepts that engaging
in any of these activities will cause Napster Inc. Irreparable harm
and actual damages in excess of 100 million dollars.
· Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than
one computer.
· Rental. You may not rent or lease the SOFTWARE PRODUCT.
· Software Transfer. You may permanently transfer all of your rights under this
EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT
(including all component parts, the media and printed materials, any upgrades,
this EULA and, if applicable, the Certificate of Authenticity), and the
recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
· Termination. Without prejudice to any other rights, NAPSTER INC.
may terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another product, whether
from NAPSTER INC. or another supplier, you may use or transfer
the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless
you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a
NAPSTER INC. product, you now may use that upgraded product
only in accordance with this EULA. If the SOFTWARE PRODUCT is an
upgrade of a component of a package of software programs that you licensed as a
single product, the SOFTWARE PRODUCT may be used and transferred only as part
of that single product package and may not be separated for use on more than one
computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and applets, incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE
PRODUCT, are owned by NAPSTER INC. or its suppliers. The SOFTWARE PRODUCT is
protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
material except that you may either (a) make one copy of the SOFTWARE
PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE
PRODUCT on a single computer provided you keep the original solely for
backup or archival purposes. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than
one medium. Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for your single computer. You may not
use or install the other medium on another computer. You may not loan, rent,
lease, or otherwise transfer the other medium to another user, except as part
of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is NAPSTER INC., Box 1358, Boston, MA 02205.
MISCELLANEOUS
This EULA is governed by the laws of the State of Massachusetts.
If this product was acquired outside the United States, then local law may
apply.
Should you have any questions concerning this EULA, or if you desire to
contact NAPSTER INC. for any reason, please contact the Napster Inc
write: NAPSTER INC., Box 277 Hingham Ma. 02043.
LIMITED WARRANTY
LIMITED WARRANTY. NAPSTER INC. warrants that (a) the SOFTWARE
PRODUCT will perform substantially in accordance with the accompanying
written materials for a period of ninety (90) days from the date of receipt, and
(b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in
materials and workmanship under normal use and service for a period of one (1)
year from the date of receipt. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation may
not apply to you. To the extent allowed by applicable law, implied warranties
on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days
and one year, respectively.
CUSTOMER REMEDIES. NAPSTER INC.'s and its suppliers' entire
liability and your exclusive remedy shall be, at NAPSTER INC.'s
option, either (a) return of the price paid, or (b) repair or replacement
of the SOFTWARE PRODUCT or hardware that does not meet NAPSTER INC.'s
Limited Warranty and which is returned to NAPSTER INC. with a copy
of your receipt. This Limited Warranty is void if failure of the SOFTWARE
PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer. Outside
the United States, neither these remedies nor any product support services
offered by NAPSTER INC. are available without proof of purchase from an
authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, NAPSTER INC. AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
NAPSTER INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF NAPSTER INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DISCLAIMER:
This is a free information location tool provided by napster, Inc.
When accessing MP3 files on the Internet, you are accessing content
over which napster, Inc. has no control. The content in those files
is determined entirely by other parties who make those files available
on the Internet and those other parties are solely responsible for such
content. Napster, Inc. has no control over that content and has NO
responsibility for such content. Rather, napster, Inc. is merely
providing access to such content as a service to you.
napster, Inc. expects all who use the Internet to abide by all laws,
including all copyright and other intellectual property laws.
It is the policy of napster, Inc. to respond expeditiously to claims of
intellectual property infringement. Napster, Inc. will promptly process
and investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act and other applicable
intellectual property laws. Upon receipt of notices complying or
substantially complying with the Digital Millennium Copyright Act,
napster, Inc. will act expeditiously to remove or disable access to any
material claimed to be infringing or claimed to be the subject of infringing
activity and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be infringing.
Notices of claimed infringement should be directed to napster, Inc. registered
agents for receiving notices.